DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 22, 2026 has been entered.
Claims 1-24 and 35-40 are being examined and are pending. Claims 25-34 were canceled.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
I. Applicant’s claim amendment and arguments are persuasive to overcome the rejection of claims 1-24. Claim 1-24 are allowed over prior arts of record.
A new prior art reference is introduced and a new ground of rejection is made to claims 35-40 based on new claim amendments.
II. The electronic terminal disclaimer filed on 11/06/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on US patent # 11,750,605 has/have been reviewed and accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 35-37 and 39-40 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by US 2021/0197763 A1 to Nelson et al. (“Nelson”) in view of CN 1787777 A to Corlette et al. (“Corlette”).
Regarding claim 35, Nelson taught an electronic device comprising: a wireless transceiver; and a processor configurable to: receive a signal transmission via the wireless transceiver, determine a reference radio-frequency (RF) fingerprint of a second wireless device based on the first signal transmission, and store the reference RF fingerprint in a database; (Para. 0031, Method 400 also detects step pulse characteristic of a user (i.e. reference RF fingerprint) carrying the other user device at 412. In some embodiments the step pulse characteristics of the other user device are included in the broadcast data generated by the other user device. Para. 0020. [0020] In some embodiments, vehicle controller 104 detects key fob 106 and/or user devices 110 when they are within a predetermined distance of vehicle 102. In some implementations, vehicle controller 104 communicates with key fob 106 and/or user devices 110 using Bluetooth and/or Bluetooth Low Energy wireless communication system. Claim 1. identifying a second step pulse measured by the user device; like. Para. 0026. A step pulse manager 216 receives, manages, and stores various step pulse information associated with one or more users of vehicle 102. The stored step pulse information is used, for example, to identify a user approaching vehicle 102 based on current step pulse data received from key fob 106 or user device 110.)
Nelson did not teach wherein the RF fingerprint is a physical characteristic of the second wireless device, however the analogous art Corlette taught obtain physical characteristics of signal processing device;…centralized computing and storage resources for storing and monitoring these characteristics (see the attached prior art, highlighted portion, claim 14).
Therefore, it would have been obvious to one having ordinary skill in the art before the applicant(s) invention was filed to modify the Nelson by including the idea of a physical characteristic of the second wireless device as taught by Corlette for analyzing the change of the derived object, so as to deduce the characteristics associated with the object. (Corlette, Disclosure Invention content section (highlighted)).
Examiner’s notes: Although the examiner uses Corlette for the teaching and mapping of new limitations here, examiner found couple of prior arts, listed in conclusion section, 892 and applicant is requested to review before making further amendment/arguments.
Regarding claim 36, Nelson in view of Corlette further taught the electronic device of claim 35, wherein the processor is configurable to receive the signal transmission from the second wireless device located in a controlled location (Nelson, (Para. 0031, Method 400 also detects step pulse characteristic of a user (i.e. reference RF fingerprint) carrying the other user device at 412. Claim 9. the user device broadcasting information related to the second step pulse into an area proximate the user device (i.e. controlled location).)
Regarding claim 37, Nelson in view of Corlette further taught the electronic device of claim 35, further comprising a memory, wherein storing the RF fingerprint in the database comprises storing the RF fingerprint in the memory (Nelson, Para. 0021, 0026).
Regarding claim 39, Nelson in view of Corlette further taught the electronic device of claim 35, wherein the signal transmission comprises a Bluetooth Low Energy signal transmission (Nelson, Para. 0016, 0020).
Regarding claim 40, in view of Corlette Nelson further taught the electronic device of claim 35, wherein the electronic device is a vehicle (Nelson, Para. 0019).
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Corlette and in further view of US 20080235443 A1 to Chow et al. (“Chow”).
Regarding claim 38, Nelson-Corlette combination taught the electronic device of claim 35, wherein storing the RF fingerprint in the database comprises storing the RF fingerprint in a memory (Nelson, Para. 0021, 0026) that is remove from the electronic device.
The analogous art Chow taught storing the RF fingerprint in the database comprises storing the RF fingerprint in a memory that is remove from the electronic device. (Para.[0014] In accordance with an aspect of the present invention, processing unit 2 is controlled by a program stored at least partially in flash memory device 3 such that processing unit 2 is operable selectively in: (1) a programming mode, where processing unit 2 activates the input/output interface circuit 5 to receive the data file and the reference fingerprint data from host computer 9, and to store the data file and the reference fingerprint data in flash memory device 3; (2) a data retrieving mode, where processing unit 2 activates the input/output interface circuit 5 to transmit the data file stored in flash memory device 3 to host computer 9; and (3) a data resetting mode, where the data file and the reference finger data are erased from the flash memory device 3).
Therefore, it would have been obvious to one having ordinary skill in the art before the applicant(s) invention was filed to modify the invention of Nelson-Corlette combination by including the idea of storing the RF fingerprint in the database comprises storing the RF fingerprint in a memory that is remove from the electronic device as taught by Chow in order to enhance the security (Chow, Para. 0014).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: CN 1659904 A: 42. A method of identifying an object, comprising the following steps: set the portable device in a wireless network, wirelessly receiving discovery data describes the physical characteristics of the wireless network in the environment of the object, additional data wherein the discovery data includes information regarding one or more objects located in the environment, using the image sensing unit to capture image data representing the area in the wireless communication network using the at least one set of instructions, comparing the captured image data corresponding to the found data of the retrieved data;
WO 2006103387 A1: A method as claimed in claim 2, wherein said proximity range value is determined by said user device detecting a physical characteristic of a communications signal between a said other wireless device and said user device.
US 20080076447 A1: The method of determining a location of a wireless client device on a wireless network of claim 1, wherein the step of determining whether to PING the wireless client device comprises considering physical characteristics of the wireless client device. Claim 14.
WO 2008157806 A2: a filtering module 514 that compares characteristics of the mobile device 504 (e.g., received via data exchange with communication processor 510) to predetermined characteristics associated with distribution of a mobile coupon. [0099] According to further aspects, filtering module 514 can detect or calculate physical characteristics (e.g., time, location, proximity to one or more entities or locations, etc.) associated with the mobile device 504. Para. 0098.
US 20140006274 A1: [0017] Embodiments of the invention relate to systems, methods, and computer program products for providing electronic representation of payment devices at a mobile wallet, the invention comprising: receiving an indication that a user is adding a payment device to the mobile wallet, wherein information is received related to the added payment device such that the added payment device can be used for a transaction using the mobile wallet; identifying the added payment device based at least in part on information associated with the added payment device, wherein the information associated with the added payment device is provided by the user to the mobile wallet; searching a payment device database for a match between the added payment device and a payment device on the payment device database, wherein the payment device database comprises stored electronic representation of physical characteristics of payment devices; determining affinity data associated with the added payment device; providing the user with the electronic representation of the physical characteristics of the added payment device, such that the electronic representation of the physical characteristics of the added payment device are displayed in association with the mobile wallet; and providing, upon the determination of affinity data associated with the added payment device, the user with the affinity data.
CN 106648063 A: when determining the target depth, capable of obtaining the first physical characteristic of the target user by inquiring first characteristic database, such as arm length, so as to calculate the target depth; it is capable of obtaining the second physical characteristic of the target user by inquiring the second characteristic database, such as height, calculating the first physical feature according to the second physical feature, so as to calculate the target depth, also can according to historical image data, analyzing the reference distance between hand and mobile device of the target user, so as to calculate the target depth; Therefore the invention can realize flexibly determine the target depth so as to flexibly determine the image region to be processed, improves the user realizing inputting information through gesture recognition experience.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWNCHOY RAHMAN whose telephone number is (571)270-7471. The examiner can normally be reached Monday - Friday 8:30A-5P ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taghi T Arani can be reached at 5712723787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Shawnchoy Rahman/Primary Examiner, Art Unit 2438
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